JAMOR VRS YARROH & ANOTHER (A11/13/2023) [2023] GHADC 1140 (20 September 2023)

JAMOR VRS YARROH & ANOTHER (A11/13/2023) [2023] GHADC 1140 (20 September 2023)

The Plaintiff's writ of summons is incompetent and void because the proper procedure for enforcement of a customary arbitration award under Act 798 was not followed; the award must first be registered before enforcement can be sought through the courts.

Citation
[2023] GHADC 1140
Parties
Plaintiff: Richard Jamor; Defendant: Nkobiche Yarroh; Defendant: Kwame Lamor
Court
District Court
Jurisdiction
Ghana
Judgment Date
20 September 2023
Case Number
A11/13/2023
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's suit dismissed as incompetent and void.
Legal Topics
Enforcement of Arbitration Awards, Jurisdiction, Customary Arbitration
Source Language
English
Civil Procedure Alternative Dispute Resolution Enforcement of Arbitration Awards Jurisdiction Customary Arbitration

Case Brief

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Parties

Richard Jamor

Plaintiff

Nkobiche Yarroh

Defendant

Kwame Lamor

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff can enforce a customary arbitration award by writ of summons
  2. 2 Whether the Plaintiff followed the correct procedure for enforcement of arbitration awards

Ratio Decidendi

The Plaintiff's writ of summons is incompetent and void because the proper procedure for enforcement of a customary arbitration award under Act 798 was not followed; the award must first be registered before enforcement can be sought through the courts.

Court Disposition

Plaintiff's suit dismissed as incompetent and void.

Orders

  • Plaintiff's writ of summons dismissed.
  • Cost of GH¢500.00 awarded in favour of each Defendant against Plaintiff.